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Employer non-payment of employees shift coverage for other employees California

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  • Employer non-payment of employees shift coverage for other employees California

    Background Info: Employer at a bar with 4 bartenders told employees they are now going to be classifies as exempt status as of new year. (are bartenders considered exempt status?)

    Main concern: Employer has stated that he will not pay employees to cover other employees shifts. Employees must negotiate between themselves to either cover each others shifts or have one employee pay the other a negotiated amount to work that shift. Can employer impose such a rule?

  • #2
    Bartenders cannot qualify as exempt status thus what your employer is doing is illegal
    My intention is not to argue over who is wrong/right. I am here for the discussion and to learn and teach. If you dislike what I have to say or think I question you when I shouldn't, then by all means add me to your ignore list.

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    • #3
      Villian is correct. To elaborate, however, the title is not what determines an employee's exempt status. The duties performed, do. To that end, I cannot see how a bartender would be considered exempt.

      To the second, question, the employer is responsible for paying the employees for all hours worked. A schedule change, approved or otherwise, still requires the employer to accurately pay the employees.

      I'd advise contacting the DLSE to file a claim. Caveat: while it is illegal to retaliate against those making a claim, that is not to say that it doesn't happen.
      Never, under any circumstances, take a sleeping pill and a laxative on the same night.

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      • #4
        Thanks to you and Villian for the quick and informative replies--this site rocks! I thought that a bartenders duties don't qualify for exempt status and that the owner of the bar is taking advantage of my friend, especially with the new rules he has put in place regarding covering their shifts and telling them that he will not pay them if they work additional shifts. I will let my friend know that the law is on her side and to take furhter action by filing a claim with the DLSE. Regarding your comment about retaliation, would you say that she would be covered by the whistleblower law and could take further action against him if she documents everything?

        Thanks again for all your help! -Robert

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        • #5
          Yes, it is illegal to fire someone for reporting illegal pay practices.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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